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GAMBLE v. NORTHSTORE PARTNERSHIP

No. S-6489/6969.

907 P.2d 477 (1995)

Baxter K. GAMBLE and Yang-Cha Gamble, Appellants and Cross-Appellees, v. NORTHSTORE PARTNERSHIP, Appellee and Cross-Appellant.

Supreme Court of Alaska.

Partial Rehearing Denied January 5, 1995.

Attorney(s) appearing for the Case

Albert Maffei and Jeri D. Byers, Maffei, Inc., Anchorage, for Appellants and Cross-Appellees.

Robert H. Hume, Jr., Copeland, Landye, Bennett and Wolf, Anchorage, for Appellee and Cross-Appellant.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

MOORE, Chief Justice.

I. INTRODUCTION

Baxter and Yang-Cha Gamble sued Northstore Partnership (Northstore) for reformation of a recorded grant of easement. The trial court entered summary judgment in favor of Northstore, concluding that the Gambles were not entitled to relief.

The Gambles appeal, arguing that Northstore's motion for summary judgment relied upon affirmative defenses which were not specifically pled as...

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